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31 Minn. J. Int'l L. 259 (2022)
The De-Operationalization of Article 370 of the Indian Constitution

handle is hein.journals/mjgt31 and id is 265 raw text is: The De-operationalization of Article 370 of the Indian Constitution By Parth Deshmukh* The state of Jammu & Kashmir (J&K) has a unique place in the political history of India.1 The Indo-J&K relationship, and more specifically the Union Government's handling of J&K, has always been widely reported, discussed, and scrutinized from within and outside of the Indian Subcontinent.2 The state had been granted limited autonomy under Article 370 of the Indian Constitution, which provided for a separate Constitution for J&K, and restricted the Union Government's legislative authority over matters concerning J&K.3 In August 2019, the Union Government, through two Presidential Orders, unilaterally announced that it was formally revoking this special constitutional status of J&K.4 Article 370 * Parth Deshmukh received his J.D. from the University of Minnesota Law School in May 2022. Thanks to professors Stephen Meili and Loren Turner for their feedback throughout the research and drafting process. Also, thanks to journal editors Mike Green and Rebecca Wilton for their insightful suggestions. 1. See Zaid Deva, Basic Without Structure?: The Presidential Order of 1954 and the Indo-Jammu & Kashmir Constitutional Relationship, 4 INDIAN L. REV. 163, 165 (2020); Article 370: What Happened with Kashmir and Why It Matters, BBC NEWS (Aug. 6, 2019), https://www.bbc.com/news/world-asia-india- 49234708 (describing J&K as the only Muslim-majority region to join India at partition.). 2. See Express News Serv., 'Genesis of the Kashmir Issue Does Not Lie in Article 370; Solution Doesn't Lie in (Removing) It', INDIAN EXPRESS (Sept. 1, 2019, 7:26 A.M.), https://indianexpress.com/article/explained/kashmir-issue- art-370-solution-removing-it-dr-aman-hingorani-5954862/; Kashmir: Why India and Pakistan Fight over It, BBC NEWS (Aug. 8, 2019), https://www.bbc.com/news/10537286; Sadanand Dhume, The Dueling Narratives of India's Kashmir Crackdown, ATLANTIC (Sept. 5, 2019), https://www.theatlantic.com/international/archive/2019/09/the-dueling- narratives-of-indias-kashmir-crackdown/597457/. 3. See India Const. art. 370; Rinashree Khound, Abrogation of Article 370: A Look Back at Its Origin and Aftermath, 8 INT'L J. SC. & TECH. RSCH. 3584, 3584 (2019) (Article 370 allowed a certain amount of autonomy to J&K....). 4. See Ministry of Law and Justice, Constitution (Application to Jammu and Kashmir) Order, 2019, C.O. 272 (Notified on Aug. 5, 2019) [hereinafter 259